All 5 Debates between Lord Moylan and Baroness Finlay of Llandaff

Fri 20th Mar 2026
Thu 22nd Jun 2023
Online Safety Bill
Lords Chamber

Committee stage: Part 2
Tue 25th Apr 2023
Online Safety Bill
Lords Chamber

Committee stage: Part 1
Mon 14th Jun 2021

Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL]

Debate between Lord Moylan and Baroness Finlay of Llandaff
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I also thank the Minister, in particular for the exemplary way he has engaged with those of us who are Back-Benchers and on the Cross Benches over specific issues, and how he has facilitated moving forwards. If I may inform him, I have managed to secure a meeting with the CAA tomorrow morning, thanks to his intervention. I know that those who are disabled are also greatly relieved to know the seriousness with which he took the appalling situations in which they have often found themselves when travelling. I hope that he will continue, not only in his role but also in the way he has behaved towards all of us, because that personal contact has made it very easy to have very open discussions.

Lord Moylan Portrait Lord Moylan (Con)
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My Lords, this was a pretty dreadful Bill when it was introduced to your Lordships’ House, in terms of its conception but also its drafting. It leaves it in somewhat better shape, which is very considerably due to the fact that the Minister paid attention in Committee to the many amendments and proposals that were made, and came forward on Report with an astonishingly large number of amendments to change the Bill—all of which, it is fair to say, noble Lords felt responded to their concerns, and which they were willing to support. I thank him for that.

Also, as was just referred to by the noble Baroness, Lady Finlay of Llandaff, a large part of Committee was taken up with discussions of the treatment of disabled people in the course of flying. Amendments brought forward by the Minister characteristically represent an improvement in the approach that government will take to those issues in the future, for which I thank him.

I also thank his officials for their engagement and the Public Bill Office for its support in drafting the amendments we put forward. I thank the noble Baroness, Lady Grender, for her important contribution to the debate. I am sure I will have forgotten some, but I also thank my noble friends Lady Bray of Coln, Lord Grayling, Lady Foster of Oxton, Lord Harper, Lord Young of Cookham, Lord Reay, Lord Redwood, Lord Davies of Gower, Lord Holmes of Richmond, Lord Goschen and Lord Kirkhope of Harrogate for the experience and scrutiny they brought to our proceedings.

This is fundamentally an administrative Bill. As I say, it changes decision-making processes in the wake of our departure from the European Union. But we remain concerned that the Government have chosen to use the legislation to transfer not only those European Union powers but also powers that the Government themselves possessed to the Civil Aviation Authority, to be carried out in many cases—fewer now, as a result of the Minister’s amendments—with no external scrutiny, certainly no scrutiny from Parliament, that would indeed have occurred under the previous system. This is a retrograde step in terms of parliamentary scrutiny.

We are also concerned that the Government have said, quite explicitly, that they want to use their new freedoms in order to align more closely with the European Union. It is a very strange conception of Brexit that the Government seem to have developed. British aviation is a world-leading industry, and it succeeds because of innovation and competitiveness. It needs to have regulations made for it that are suitable for the success of British aviation.

There was also one amendment passed by your Lordships’ House on Report that did not have the Government’s favour. Naturally, one suspects, the Government will use the passage of the Bill through the other place to try to remove it, but I hope very much that they will not. I wish to thank the noble Lord, Lord Empey, in this regard. Although it was my amendment that passed, that was as a consequence of the numerical placement on the Marshalled List. He had an amendment achieving a similar effect, which related to the drop-off charges made at airports that have now become scandalously excessive. Families and other travellers are charged simply for trying to pick up or drop off somebody, very often with no feasible alternative for doing so. There may be a lack of public transport or it may be unsuitable for somebody to seek to travel to an airport other than by car, for example, because they are wheelchair-bound or have some other mobility impairment that prevents them travelling on ordinary public transport, even where it exists. The amendment that was passed calls on the Government to conduct a thorough review of airport drop-off charges. It is as simple as that; it requires nothing more legally. We will look at that at ping-pong—or perhaps we will never get to ping-pong because the Government will take the advice of your Lordships’ House and accept the amendment that was passed.

With that, I am sad to bring an end to my involvement with this Bill. I hope that it becomes a route—I will not make a silly pun—or path to better regulation of aviation. If it does, it will be very much because of the efforts of Members of your Lordships’ House.

Terminally Ill Adults (End of Life) Bill

Debate between Lord Moylan and Baroness Finlay of Llandaff
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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I would be delighted to raise it outside the Chamber; it was a little more complicated than those three points.

Lord Moylan Portrait Lord Moylan (Con)
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My Lords, before he vanishes, I thank the noble Lord, Lord Carlile of Berriew, and apologise to him for not acknowledging in my opening remarks the fact that he had added his name to my Amendment 175.

I would be disappointed if the noble and learned Lord were, at this advanced stage of Committee, to agree to an amendment proposed to the Bill. He has not disappointed us; he has rejected it. The fact is that Clause 5 requires the discussion of prognosis, as he says. Any prognosis worth its salt has some data at the basis of it, and I am simply asking that that position—the spread of that data and the range, as my noble friend Lord Effingham referred to it—should be a part of that discussion so that people understand that, if they are told they have so many months to live, that is not a prediction but, in technical terms, a median based on underlying data. That data should be disclosed.

This is an unusual debate for me because it is the only one in which I agree with everything that everybody—apart from the noble and learned Lord—has said. I even found myself agreeing with the noble Baroness, Lady Jay of Paddington, that the language of combat and struggle is really not appropriate for people who are suffering from cancer. I never use it myself and, although I quoted Professor Gould using it in my speech, it is not the natural language that I would propose.

I agree with the noble Baroness, Lady Royall, that of course simply talking about positive attitude, and indeed attributing moral value to that, is one aspect only of the management of the diagnosis one might find oneself facing. I am not a Christian Scientist, and I certainly believe that medical treatment—the most advanced medical treatment one can get hold of—is absolutely crucial and almost certainly much more important.

I agree to some extent with the noble Baroness, Lady Hayter, that it is possible for some clinicians at a specific time to be able to tell simply by looking at people that they are not going to live very much longer. But the evidence we have—there are studies about this—is that that is true where there is a very short time left to live, of 14 days or less. People with 14 days or less to live are, in my view, unlikely to have access to the provisions of this Bill simply because there is quite an elaborate bureaucracy attached to it through which one has to pass, and that takes time. The key thing for this Bill is the six months written in it. It is that that we have to look at, and six months prognoses are not particularly accurate. Where there are medians, it is important to understand the basic data.

Online Safety Bill

Debate between Lord Moylan and Baroness Finlay of Llandaff
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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It needs to be addressed, because these very small websites already alluded to are providing some extremely nasty stuff. They are not providing support to people and helping decrease the amount of harm to those self-harming but seem to be enjoying the spectacle of it. We need to differentiate and make sure that we do not inadvertently let one group get away with disseminating very harmful material simply because it has a small website somewhere else. I hope that will be included in the Minister’s letter; I do not expect him to reply now.

Lord Moylan Portrait Lord Moylan (Con)
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Some of us are slightly disappointed that my noble friend did not respond to my point on the interaction of Clause 160 with the illegal content duty. Essentially, what appears to be creating a criminal offence could simply be a channel for hyperactive censorship on the part of the platforms to prevent the criminal offence taking place. He has not explained that interaction. He may say that there is no interaction and that we would not expect the platforms to take any action against offences under Clause 160, or that we expect a large amount of action, but nothing was said.

Online Safety Bill

Debate between Lord Moylan and Baroness Finlay of Llandaff
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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May I intervene, because I have also been named in the noble Lord’s response? My concern is about the most extreme, most violent, most harmful and destructive things. There are some terrible things posted online. You would not run an open meeting on how to mutilate a child, or how to stab somebody most effectively to do the most harm. It is at this extreme end that I cannot see anyone in society in the offline world promoting classes for any of these terrible activities. Therefore, there is a sense that exposure to these things is of no benefit but promotes intense harm. People who are particularly vulnerable at a formative age in their development should not be exposed to them, because they would not be exposed to them elsewhere. I am speaking personally, not for anybody else, but I stress that this is the level at which the tolerance should be set to zero because we set it to zero in the rest of our lives.

Lord Moylan Portrait Lord Moylan (Con)
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Everything the noble Baroness has said is absolutely right, and I completely agree with her. The point I simply want to make is that no form of risk-based assessment will achieve a zero-tolerance outcome, but—

Professional Qualifications Bill [HL]

Debate between Lord Moylan and Baroness Finlay of Llandaff
Lord Moylan Portrait Lord Moylan (Con)
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My Lords, Amendment 55A is in my name. There are many excellent provisions in the Bill requiring regulators to share information. They are required to share information with regulators at home and abroad, and with people who wish to be qualified to practise in this country. However, there is nothing in the Bill which requires the sharing of information with people who are already practising the profession in this country. Indeed, there is nothing in the amendment spoken to by the noble Baroness, Lady Randerson, which touches on my point, although it would expand the requirement for information sharing.

It might be thought otiose to have such a requirement where a regulator is also a membership body, as it could be assumed that naturally it would communicate with its members, but a regulator is not always a membership body. I remind noble Lords that I said at Second Reading that I was an honorary fellow of the Royal Institute of British Architects, and I am grateful to RIBA for discussions about this topic. RIBA is a membership organisation representing its profession, but it does not regulate the architectural profession. As noble Lords will know from other parts of the Bill, that is a function reserved by statute to the Architects Registration Board. Experience is that stand-alone statutory regulators do what is required of them by statute, and very little else. That is why a nudge is needed, and this amendment would achieve that.

This clause would allow professional practitioners to know what agreements regulators were pursuing, what mutual recognition agreements were in the pipeline, what progress had been made and the timeline for the agreement. It would also provide a clear path for professional practitioners to have their views on how agreements should be prioritised made known to the regulator. Remarkably, without this amendment, there is no statutory obligation on a regulator to have any communication with regulated professionals at all.

Why does it matter? To take the example of architects, British architects are known to lead the world. They work on major projects throughout the world, and they often work with our world-beating civil engineers on transport, infrastructure and other major projects. They earn a great deal of export earnings for us as a country, too. When they are doing this, they need to be able to send architects to work in other parts of the world. On occasion, they also need to be able to employ in this country architects who are from countries where a pipeline of work might be developing and have specialist knowledge of regulations—be they on planning or whatever—that apply in the country where the project is being delivered. They are very commercial architects—they have to be, because they operate in a harsh commercial world—so they look ahead. They see a pipeline of activity in a particular country that might be coming forward with new projects—airports, infrastructure, or whatever it might be. They want to be able to have some influence on their regulator about how mutual recognition agreements might be prioritised to facilitate capturing that work.

I have used architects as an example, but there are other professions that might find themselves in a similar situation, which would want to have that two-way flow with their regulator and which, not being a membership organisation, would need, in my view, the help of statute to ensure that that communication took place. This is so modest and commonsensical a suggestion that I hope my noble friend will be able to rise and simply say that he accepts it.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I speak particularly to Amendments 31 and 32, and I commend Amendment 32, tabled by the noble Baroness, Lady Noakes, to the House. I remind the Committee that the British Dental Association said:

“We would strongly advise that any body issuing qualifications which might be recognised in the UK must be a recognised body for the purpose of issuing professional qualifications by the regulator in a given country. This is crucial to avoid situations in which a UK regulator might be asked to enter into recognition agreements with another regulator in a country where not all educational institutions might be fully accredited by that regulator.”


Unfortunately, I was too late to add my name to Amendment 32. I strongly support it and hope that the Government will take it on board. I have wondered whether it would benefit from “relevant” being inserted before “overseas”, but that would come later on. We certainly need something of that nature in the Bill.

I also speak briefly to Amendment 32A because, as the noble Baroness, Lady Randerson, outlined, it is essential that there is a degree of stability in the higher education system and with training providers. In some subject areas, there is a need for simulation suites and quite complex teaching that requires long-term investment, and, as the noble Baroness said, staff may need to be taken on. You cannot just shed staff; you cannot ask staff to start teaching something they are unfamiliar with without due warning. I am concerned that there is a danger that the Bill could inadvertently destabilise some of our own systems.